Title 49—Transportation--Volume 1
PART 172—HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING REQUIREMENTS, AND SECURITY PLANS
§ 172.505   Placarding for subsidiary hazards.
(a) Each transport vehicle, freight container, portable tank, unit load device, or rail car that contains a poisonous material subject to the “Poison Inhalation Hazard” shipping description of § 172.203(m) must be placarded with a POISON INHALATION HAZARD or POISON GAS placard, as appropriate, on each side and each end, in addition to any other placard required for that material in § 172.504. Duplication of the POISON INHALATION HAZARD or POISON GAS placard is not required.
(b) In addition to the RADIOACTIVE placard which may be required by § 172.504(e), each transport vehicle, portable tank or freight container that contains 454 kg (1,001 pounds) or more gross weight of non-fissile, fissile-excepted, or fissile uranium hexafluoride must be placarded with a CORROSIVE placard and a POISON placard on each side and each end.
(c) Each transport vehicle, portable tank, freight container or unit load device that contains a material which has a subsidiary hazard of being dangerous when wet, as defined in § 173.124 of this subchapter, shall be placarded with DANGEROUS WHEN WET placards, on each side and each end, in addition to the placards required by § 172.504.
(d) Hazardous materials that possess secondary hazards may exhibit subsidiary placards that correspond to the placards described in this part, even when not required by this part (see also § 172.519(b) (4) of this subpart).
§ 172.506   Providing and affixing placards: Highway.
(a) Each person offering a motor carrier a hazardous material for transportation by highway shall provide to the motor carrier the required placards for the material being offered prior to or at the same time the material is offered for transportation, unless the carrier's motor vehicle is already placarded for the material as required by this subpart.
(1) No motor carrier may transport a hazardous material in a motor vehicle, unless the placards required for the hazardous material are affixed thereto as required by this subpart.
(2) [Reserved]
(b) [Reserved]
§ 172.507   Special placarding provisions: Highway.
(a) Each motor vehicle used to transport a package of highway route controlled quantity Class 7 (radioactive) materials (see § 173.403 of this subchapter) must have the required RADIOACTIVE warning placard placed on a square background as described in § 172.527.
(b) A nurse tank, meeting the provisions of § 173.315(m) of this subchapter, is not required to be placarded on an end containing valves, fittings, regulators or gauges when those appurtenances prevent the markings and placard from being properly placed and visible.
§ 172.508   Placarding and affixing placards: Rail.
(a) Each person offering a hazardous material for transportation by rail shall affix to the rail car containing the material, the placards specified by this subpart. Placards displayed on motor vehicles, transport containers, or portable tanks may be used to satisfy this requirement, if the placards otherwise conform to the provisions of this subpart.
(b) No rail carrier may accept a rail car containing a hazardous material for transportation unless the placards for the hazardous material are affixed thereto as required by this subpart.
§ 172.510   Special placarding provisions: Rail.
(a) White square background. The following must have the specified placards placed on a white square background, as described in § 172.527:
(1) Division 1.1 and 1.2 (explosive) materials which require EXPLOSIVES 1.1 or EXPLOSIVES 1.2 placards affixed to the rail car;
(2) Materials classed in Division 2.3 Hazard Zone A or 6.1 Packing Group I Hazard Zone A which require POISON GAS or POISON placards affixed to the rail car, including tank cars containing only a residue of the material; and
(3) Class DOT 113 tank cars used to transport a Division 2.1 (flammable gas) material, including tank cars containing only a residue of the material.
(b) Chemical ammunition. Each rail car containing Division 1.1 or 1.2 (explosive) ammunition which also meets the definition of a material poisonous by inhalation (see § 171.8 of this subchapter) must be placarded EXPLOSIVES 1.1 or EXPLOSIVES 1.2 and POISON GAS or POISON INHALATION HAZARD.
§ 172.512   Freight containers and aircraft unit load devices.
(a) Capacity of 640 cubic feet or more. Each person who offers for transportation, and each person who loads and transports, a hazardous material in a freight container or aircraft unit load device having a capacity of 640 cubic feet or more shall affix to the freight container or aircraft unit load device the placards specified for the material in accordance with § 172.504. However:
(1) The placarding exception provided in § 172.504(c) applies to motor vehicles transporting freight containers and aircraft unit load devices,
(2) The placarding exception provided in § 172.504(c) applies to each freight container and aircraft unit load device being transported for delivery to a consignee immediately following an air or water shipment, and,
(3) Placarding is not required on a freight container or aircraft unit load device if it is only transported by air and is identified as containing a hazardous material in the manner provided in part 7, chapter 2, section 2.8, of the ICAO Technical Instructions (IBR, see § 171.7 of this subchapter).
(b) Capacity less than 18 m 3 (640 cubic feet). (1) Each person who offers for transportation by air, and each person who loads and transports by air, a hazardous material in a freight container or aircraft unit load device having a capacity of less than 18 m 3 (640 cubic feet) shall affix one placard of the type specified by paragraph (a) of this section unless the freight container or aircraft unit load device:
(i) Is labeled in accordance with subpart E of this part, including § 172.406(e);
(ii) Contains radioactive materials requiring the Radioactive Yellow III label and is placarded with one Radioactive placard and is labeled in accordance with subpart E of this part, including § 172.406(e); or,
(iii) Is identified as containing a hazardous material in the manner provided in part 7; chapter 2, section 2.8, of the ICAO Technical Instructions (IBR, see § 171.7 of this subchapter).
(2) When hazardous materials are offered for transportation, not involving air transportation, in a freight container having a capacity of less than 640 cubic feet the freight container need not be placarded. However, if not placarded, it must be labeled in accordance with subpart E of this part.
(c) Notwithstanding paragraphs (a) and (b) of this section, packages containing hazardous materials offered for transportation by air in freight containers are subject to the inspection requirements of § 175.30 of this chapter.
§ 172.514   Bulk packagings.
(a) Except as provided in paragraphs (c) and (d) of this section, each person who offers for transportation a bulk packaging which contains a hazardous material, shall affix the placards specified for the material in §§ 172.504 and 172.505.
(b) Each bulk packaging that is required to be placarded when it contains a hazardous material, must remain placarded when it is emptied, unless it—
(1) Is sufficiently cleaned of residue and purged of vapors to remove any potential hazard;
(2) Is refilled, with a material requiring different placards or no placards, to such an extent that any residue remaining in the packaging is no longer hazardous; or
(3) Contains the residue of a hazardous substance in Class 9 in a quantity less than the reportable quantity, and conforms to § 173.29(b)(1) of this subchapter.
(c) Exceptions. The following packagings may be placarded on only two opposite sides or, alternatively, may be labeled instead of placarded in accordance with subpart E of this part:
(1) A portable tank having a capacity of less than 3,785 L (1,000 gallons). Additionally, portable tanks containing a combustible liquid may be placarded with a combustible placard that meets the label specifications for size in § 172.407(c). However, a transport vehicle containing portable tanks with a reduced-size combustible placard is still required to conform to the placarding requirements in this subpart, including the size requirements in § 172.519(c);
(2) A DOT 106 or 110 multi-unit tank car tank;
(3) A bulk packaging other than a portable tank, cargo tank, flexible bulk container, or tank car ( e.g., a bulk bag or box) with a volumetric capacity of less than 18 cubic meters (640 cubic feet);
(4) For an intermediate bulk container (IBC) labeled in accordance with subpart E of this part, the IBC may display the proper shipping name and UN identification number markings in accordance with § 172.301(a)(1) in place of the UN number on an orange panel, placard, or white square-on-point configuration as prescribed in § 172.336(d). Additionally, IBCs containing a combustible liquid may be placarded with a combustible placard that meets the label specifications for size in § 172.407(c). However, a transport vehicle containing IBCs with a reduced-size combustible placard is still required to conform to the placarding requirements in this subpart, including the size requirements in § 172.519(c); and
(5) A Large Packaging as defined in § 171.8 of this subchapter.
(d) A flexible bulk container may be placarded in two opposing positions.
§ 172.516   Visibility and display of placards.
(a) Each placard on a motor vehicle and each placard on a rail car must be clearly visible from the direction it faces, except from the direction of another transport vehicle or rail car to which the motor vehicle or rail car is coupled. This requirement may be met by the placards displayed on the freight containers or portable tanks loaded on a motor vehicle or rail car.
(b) The required placarding of the front of a motor vehicle may be on the front of a truck-tractor instead of or in addition to the placarding on the front of the cargo body to which a truck-tractor is attached.
(c) Each placard on a transport vehicle, bulk packaging, freight container or aircraft unit load device must—
(1) Be securely attached or affixed thereto or placed in a holder thereon. (See appendix C to this part.);
(2) Be located clear of appurtenances and devices such as ladders, pipes, doors, and tarpaulins;
(3) So far as practicable, be located so that dirt or water is not directed to it from the wheels of the transport vehicle;
(4) Be located away from any marking (such as advertising) that could substantially reduce its effectiveness, and in any case at least 3 inches (76.0 mm.) away from such marking;
(5) Have the words or identification number (when authorized) printed on it displayed horizontally, reading from left to right;
(6) Be maintained by the carrier in a condition so that the format, legibility, color, and visibility of the placard will not be substantially reduced due to damage, deterioration, or obscurement by dirt or other matter;
(7) Be affixed to a background of contrasting color, or must have a dotted or solid line outer border which contrasts with the background color.
(d) Recommended specifications for a placard holder are set forth in appendix C of this part. Except for a placard holder similar to that contained in appendix C to this part, the means used to attach a placard may not obscure any part of its surface other than the borders.
(e) A placard or placard holder may be hinged provided the required format, color, and legibility of the placard are maintained.
§ 172.519   General specifications for placards.
(a) Strength and durability. Placards must conform to the following:
(1) A placard may be made of any plastic, metal or other material capable of withstanding, without deterioration or a substantial reduction in effectiveness, a 30-day exposure to open weather conditions.
(2) A placard made of tagboard must be at least equal to that designated commercially as white tagboard. Tagboard must have a weight of at least 80 kg (176 pounds) per ream of 610 by 910 mm (24 by 36-inch) sheets, waterproofing materials included. In addition, each placard made of tagboard must be able to pass a 414 kPa (60 p.s.i.) Mullen test.
(3) Reflective or retroreflective materials may be used on a placard if the prescribed colors, strength and durability are maintained.
(b) Design. (1) Except as provided in § 172.332 of this part, each placard must be as described in this subpart, and except for size and color, the printing, inner border and symbol must be as shown in §§ 172.521 through 172.560 of this subpart, as appropriate.
(2) The dotted line border shown on each placard is not part of the placard specification. However, a dotted or solid line outer border may be used when needed to indicate the full size of a placard that is part of a larger format or is on a background of a non-contrasting color.
(3) For other than Class 7 or the DANGEROUS placard, text indicating a hazard (for example, “FLAMMABLE”) is not required. Text may be omitted from the OXYGEN placard only if the specific identification number is displayed on the placard.
(4) For a placard corresponding to the primary or subsidiary hazard class of a material, the hazard class or division number must be displayed in the lower corner of the placard. However, a permanently affixed subsidiary placard meeting the specifications of this section which were in effect on October 1, 2001, (such as, a placard without the hazard class or division number displayed in the lower corner of the placard) and which was installed prior to September 30, 2001, may continue to be used as a subsidiary placard in domestic transportation by rail or highway, provided the color tolerances are maintained and are in accordance with the display requirements in this subchapter.
(c) Size. (1) Each diamond (square-on-point) placard prescribed in this subpart must measure at least 250 mm (9.84 inches) on each side and must have a solid line inner border approximately 12.5 mm inside and parallel to the edge. The 12.5 mm measurement is from the outside edge of the placard to the outside of the solid line forming the inner border. For domestic transportation, a placard manufactured prior to January 1, 2017, in conformance with the requirements of this paragraph in effect on December 31, 2014, may continue in service until the end of its useful life provided the color tolerances are maintained and are in accordance with the display requirements of this subchapter.
(2) Except as otherwise provided in this subpart, the hazard class or division number, as appropriate, must be shown in numerals measuring at least 41 mm (1.6 inches) in height.
(3) Except as otherwise provided in this subpart, when text indicating a hazard is displayed on a placard, the printing must be in letters measuring at least 41 mm (1.6 inches) in height.
(d) Color. (1) The background color, symbol, text, numerals and inner border on a placard must be as specified in §§ 172.521 through 172.560 of this subpart, as appropriate.
(2) Black and any color on a placard must be able to withstand, without substantial change—
(i) A 72-hour fadeometer test (for a description of equipment designed for this purpose, see ASTM G 23-69 or ASTM G 26-70); and
(ii) A 30-day exposure to open weather.
(3) Upon visual examination, a color on a placard must fall within the color tolerances displayed on the appropriate Hazardous Materials Label and Placard Color Tolerance Chart (see § 172.407(d)(4)). As an alternative, the PANTONE ® formula guide coated/uncoated as specified for colors in § 172.407(d)(5) may be used.
(4) The placard color must extend to the inner border and may extend to the edge of the placard in the area designated on each placard except the color on the CORROSIVE and RADIOACTIVE placards (black and yellow, respectively) must extend only to the inner border.
(e) Form identification. A placard may contain form identification information, including the name of its maker, provided that information is printed outside of the solid line inner border in no larger than 10-point type.
(f) Exceptions. When hazardous materials are offered for transportation or transported under the provisions of subpart C of part 171 of this subchapter, a placard conforming to the specifications in the UN Recommendations, the ICAO Technical Instructions, the IMDG Code, or the Transport Canada TDG Regulations (IBR, see § 171.7 of this subchapter) may be used in place of a corresponding placard conforming to the requirements of this subpart. However, a bulk packaging, transport vehicle, or freight container containing a material poisonous by inhalation (see § 171.8 of this subchapter) must be placarded in accordance with this subpart (see § 171.23(b)(10) of this subchapter).
(g) Trefoil symbol. The trefoil symbol on the RADIOACTIVE placard must meet the appropriate specification in appendix B of this part.
§ 172.521   DANGEROUS placard.
(a) Except for size and color, the DANGEROUS placard must be as follows:
(b) In addition to meeting the requirements of § 172.519, and appendix B to this part, the DANGEROUS placard must have a red upper and lower triangle. The placard center area and 1/2 -inch (12.7 mm.) border must be white. The inscription must be black with the 1/8 -inch (3.2 mm.) border marker in the white area at each end of the inscription red.
§ 172.522   EXPLOSIVES 1.1, EXPLOSIVES 1.2 and EXPLOSIVES 1.3 placards.
(a) Except for size and color, the EXPLOSIVES 1.1, EXPLOSIVES 1.2 and EXPLOSIVES 1.3 placards must be as follows:
(b) In addition to complying with § 172.519 of this subpart, the background color on the EXPLOSIVES 1.1, EXPLOSIVES 1.2, and EXPLOSIVES 1.3 placards must be orange. The “*” shall be replaced with the appropriate division number and, when required, appropriate compatibility group letter. The symbol, text, numerals and inner border must be black.
§ 172.523   EXPLOSIVES 1.4 placard.
(a) Except for size and color, the EXPLOSIVES 1.4 placard must be as follows:
(b) In addition to complying with § 172.519 of this subpart, the background color on the EXPLOSIVES 1.4 placard must be orange. The “*” shall be replaced, when required, with the appropriate compatibility group letter. The division numeral, 1.4, must measure at least 64 mm (2.5 inches) in height. The text, numerals and inner border must be black.
§ 172.524   EXPLOSIVES 1.5 placard.
(a) Except for size and color, the EXPLOSIVES 1.5 placard must be as follows:
(b) In addition to complying with the § 172.519 of this subpart, the background color on EXPLOSIVES 1.5 placard must be orange. The “*” shall be replaced, when required, with the appropriate compatibility group letter. The division numeral, 1.5, must measure at least 64 mm (2.5 inches) in height. The text, numerals and inner border must be black.
§ 172.525   EXPLOSIVES 1.6 placard.
(a) Except for size and color the EXPLOSIVES 1.6 placard must be as follows:
(b) In addition to complying with § 172.519 of this subpart, the background color on the EXPLOSIVES 1.6 placard must be orange. The “*” shall be replaced, when required, with the appropriate compatibility group letter. The division numeral, 1.6, must measure at least 64 mm (2.5 inches) in height. The text, numerals and inner border must be black.
§ 172.526   [Reserved]
§ 172.527   Background requirements for certain placards.
(a) Except for size and color, the square background required by § 172.510(a) for certain placards on rail cars, and § 172.507 for placards on motor vehicles containing a package of highway route controlled quantity radioactive materials, must be as follows:
(b) In addition to meeting the requirements of § 172.519 for minimum durability and strength, the square background must consist of a white square measuring 14 1/4 inches (362.0 mm.) on each side surrounded by a black border extending to 15 1/4 inches (387.0 mm.) on each side.
§ 172.528   NON-FLAMMABLE GAS placard.
(a) Except for size and color, the NON-FLAMMABLE GAS placard must be as follows:
(b) In addition to complying with § 172.519, the background color on the NON-FLAMMABLE GAS placard must be green. The letters in both words must be at least 38 mm (1.5 inches) high. The symbol, text, class number and inner border must be white.
§ 172.530   OXYGEN placard.
(a) Except for size and color, the OXYGEN placard must be as follows:
(b) In addition to complying with § 172.519 of this subpart, the background color on the OXYGEN placard must be yellow. The symbol, text, class number and inner border must be black.
§ 172.532   FLAMMABLE GAS placard.
(a) Except for size and color, the FLAMMABLE GAS placard must be as follows:
(b) In addition to complying with § 172.519, the background color on the FLAMMABLE GAS placard must be red. The symbol, text, class number and inner border must be white.
§ 172.536   [Reserved]
§ 172.540   POISON GAS placard.
(a) Except for size and color, the POISON GAS placard must be as follows:
(b) In addition to complying with § 172.519, the background on the POISON GAS placard and the symbol must be white. The background of the upper diamond must be black and the lower point of the upper diamond must be 65 mm (2 5/8 inches) above the horizontal center line. The text, class number, and inner border must be black.
§ 172.542   FLAMMABLE placard.
(a) Except for size and color, the FLAMMABLE placard must be as follows:
(b) In addition to complying with § 172.519, the background color on the FLAMMABLE placard must be red. The symbol, text, class number and inner border must be white.
(c) The word “GASOLINE” may be used in place of the word “FLAMMABLE” on a placard that is displayed on a cargo tank or a portable tank being used to transport gasoline by highway. The word “GASOLINE” must be shown in white.
§ 172.544   COMBUSTIBLE placard.
(a) Except for size and color, the COMBUSTIBLE placard must be as follows:
(b) In addition to complying with § 172.519, the background color on the COMBUSTIBLE placard must be red. The symbol, text, class number and inner border must be white. On a COMBUSTIBLE placard with a white bottom as prescribed by § 172.332(c)(4), the class number must be red or black.
(c) The words “FUEL OIL” may be used in place of the word “COMBUSTIBLE” on a placard that is displayed on a cargo tank or portable tank being used to transport by highway fuel oil that is not classed as a flammable liquid. The words “FUEL OIL” must be white.
§ 172.546   FLAMMABLE SOLID placard.
(a) Except for size and color, the FLAMMABLE SOLID placard must be as follows:
(b) In addition to complying with § 172.519, the background on the FLAMMABLE SOLID placard must be white with seven vertical red stripes. The stripes must be equally spaced, with one red stripe placed in the center of the label. Each red stripe and each white space between two red stripes must be 25 mm (1.0 inches) wide. The letters in the word “SOLID” must be at least 38.1 mm (1.5 inches) high. The symbol, text, class number and inner border must be black.
§ 172.547   SPONTANEOUSLY COMBUSTIBLE placard.
(a) Except for size and color, the SPONTANEOUSLY COMBUSTIBLE placard must be as follows:
(b) In addition to complying with § 172.519, the background color on the SPONTANEOUSLY COMBUSTIBLE placard must be red in the lower half and white in upper half. The letters in the word “SPONTANEOUSLY” must be at least 12 mm (0.5 inch) high. The symbol, text, class number and inner border must be black.
§ 172.548   DANGEROUS WHEN WET placard.
(a) Except for size and color, the DANGEROUS WHEN WET placard must be as follows:
(b) In addition to complying with § 172.519, the background color on the DANGEROUS WHEN WET placard must be blue. The letters in the words “WHEN WET” must be at least 25 mm (1.0 inches) high. The symbol, text, class number and inner border must be white.
§ 172.550   OXIDIZER placard.
(a) Except for size and color, the OXIDIZER placard must be as follows:
(b) In addition to complying with § 172.519, the background color on the OXIDIZER placard must be yellow. The symbol, text, division number and inner border must be black.
§ 172.552   ORGANIC PEROXIDE placard.
(a) Except for size and color, the ORGANIC PEROXIDE placard must be as follows:
(b) In addition to complying with § 172.519, the background on the ORGANIC PEROXIDE placard must be red in the top half and yellow in the lower half. The text, division number and inner border must be black; the symbol may be either black or white.
(c) For transportation by highway, a Division 5.2 placard conforming to the specifications in this section in effect on December 31, 2006 may continue to be used until January 1, 2014.
§ 172.553   [Reserved]
§ 172.554   POISON placard.
(a) Except for size and color, the POISON placard must be as follows:
(b) In addition to complying with § 172.519, the background on the POISON placard must be white. The symbol, text, class number and inner border must be black. The word “TOXIC” may be used in lieu of the word “POISON”.
§ 172.555   POISON INHALATION HAZARD placard.
(a) Except for size and color, the POISON INHALATION HAZARD placard must be as follows:
(b) In addition to complying with § 172.519, the background on the POISON INHALATION HAZARD placard and the symbol must be white. The background of the upper diamond must be black and the lower point of the upper diamond must be 65 mm (2 5/8 inches) above the horizontal center line. The text, class number, and inner border must be black.
§ 172.556   RADIOACTIVE placard.
(a) Except for size and color, the RADIOACTIVE placard must be as follows:
(b) In addition to complying with § 172.519, the background color on the RADIOACTIVE placard must be white in the lower portion with a yellow triangle in the upper portion. The base of the yellow triangle must be 29 mm ±5 mm (1.1 inches ±0.2 inches) above the placard horizontal center line. The symbol, text, class number and inner border must be black.
§ 172.558   CORROSIVE placard.
(a) Except for size and color, the CORROSIVE placard must be as follows:
(b) In addition to complying with § 172.519, the background color on the CORROSIVE placard must be black in the lower portion with a white triangle in the upper portion. The base of the white triangle must be 38 mm ±5 mm (1.5 inches ±0.2 inches) above the placard horizontal center line. The text and class number must be white. The symbol and inner border must be black.
§ 172.560   CLASS 9 placard.
(a) Except for size and color the CLASS 9 (miscellaneous hazardous materials) placard must be as follows:
(b) In addition to conformance with § 172.519, the background on the CLASS 9 placard must be white with seven black vertical stripes on the top half extending from the top of the placard to one inch above the horizontal centerline. The black vertical stripes must be spaced so that, visually, they appear equal in width to the six white spaces between them. The space below the vertical lines must be white with the class number 9 underlined and centered at the bottom.
§ 172.600   Applicability and general requirements.
(a) Scope. Except as provided in paragraph (d) of this section, this subpart prescribes requirements for providing and maintaining emergency response information during transportation and at facilities where hazardous materials are loaded for transportation, stored incidental to transportation or otherwise handled during any phase of transportation.
(b) Applicability. This subpart applies to persons who offer for transportation, accept for transportation, transfer or otherwise handle hazardous materials during transportation.
(c) General requirements. No person to whom this subpart applies may offer for transportation, accept for transportation, transfer, store or otherwise handle during transportation a hazardous material unless:
(1) Emergency response information conforming to this subpart is immediately available for use at all times the hazardous material is present; and
(2) Emergency response information, including the emergency response telephone number, required by this subpart is immediately available to any person who, as a representative of a Federal, State or local government agency, responds to an incident involving a hazardous material, or is conducting an investigation which involves a hazardous material.
(d) Exceptions. The requirements of this subpart do not apply to hazardous material which is excepted from the shipping paper requirements of this subchapter.
§ 172.602   Emergency response information.
(a) Information required. For purposes of this subpart, the term “emergency response information” means information that can be used in the mitigation of an incident involving hazardous materials and, as a minimum, must contain the following information:
(1) The basic description and technical name of the hazardous material as required by §§ 172.202 and 172.203(k), the ICAO Technical Instructions, the IMDG Code, or the TDG Regulations, as appropriate (IBR, see § 171.7 of this subchapter);
(2) Immediate hazards to health;
(3) Risks of fire or explosion;
(4) Immediate precautions to be taken in the event of an accident or incident;
(5) Immediate methods for handling fires;
(6) Initial methods for handling spills or leaks in the absence of fire; and
(7) Preliminary first aid measures.
(b) Form of information. The information required for a hazardous material by paragraph (a) of this section must be:
(1) Printed legibly in English;
(2) Available for use away from the package containing the hazardous material; and
(3) Presented—
(i) On a shipping paper;
(ii) In a document, other than a shipping paper, that includes both the basic description and technical name of the hazardous material as required by §§ 172.202 and 172.203(k), the ICAO Technical Instructions, the IMDG Code, or the TDG Regulations, as appropriate, and the emergency response information required by this subpart (e.g., a material safety data sheet); or
(iii) Related to the information on a shipping paper, a written notification to pilot-in-command, or a dangerous cargo manifest, in a separate document (e.g., an emergency response guidance document), in a manner that cross-references the description of the hazardous material on the shipping paper with the emergency response information contained in the document. Aboard aircraft, the ICAO “Emergency Response Guidance for Aircraft Incidents Involving Dangerous Goods” and, aboard vessels, the IMO “Emergency Procedures for Ships Carrying Dangerous Goods”, or equivalent documents, may be used to satisfy the requirements of this section for a separate document.
(c) Maintenance of information. Emergency response information shall be maintained as follows:
(1) Carriers. Each carrier who transports a hazardous material shall maintain the information specified in paragraph (a) of this section and § 172.606 of this part in the same manner as prescribed for shipping papers, except that the information must be maintained in the same manner aboard aircraft as the notification of pilot-in-command, and aboard vessels in the same manner as the dangerous cargo manifest. This information must be immediately accessible to train crew personnel, drivers of motor vehicles, flight crew members, and bridge personnel on vessels for use in the event of incidents involving hazardous materials.
(2) Facility operators. Each operator of a facility where a hazardous material is received, stored or handled during transportation, shall maintain the information required by paragraph (a) of this section whenever the hazardous material is present. This information must be in a location that is immediately accessible to facility personnel in the event of an incident involving the hazardous material.
§ 172.604   Emergency response telephone number.
(a) A person who offers a hazardous material for transportation must provide a numeric emergency response telephone number, including the area code, for use in an emergency involving the hazardous material. For telephone numbers outside the United States, the international access code or the “+” (plus) sign, country code, and city code, as appropriate, that are needed to complete the call must be included. The telephone number must be—
(1) Monitored at all times the hazardous material is in transportation, including storage incidental to transportation;
(2) The telephone number of a person who is either knowledgeable of the hazardous material being shipped and has comprehensive emergency response and incident mitigation information for that material, or has immediate access to a person who possesses such knowledge and information. A telephone number that requires a call back (such as an answering service, answering machine, or beeper device) does not meet the requirements of paragraph (a) of this section; and
(3) Entered on a shipping paper, as follows:
(i) Immediately following the description of the hazardous material required by subpart C of this part; or
(ii) Entered once on the shipping paper in the manner prescribed in paragraph (b) of this section in a prominent, readily identifiable, and clearly visible manner that allows the information to be easily and quickly found, such as by highlighting, use of a larger font or a font that is a different color from other text and information, or otherwise setting the information apart to provide for quick and easy recognition. The offeror may use one of the methods prescribed in this paragraph only if the telephone number applies to each hazardous material entered on the shipping paper, and if it is indicated that the telephone number is for emergency response information (for example: “EMERGENCY CONTACT: * * *”).
(b) The telephone number required by paragraph (a) of this section must be -
(1) The number of the person offering the hazardous material for transportation when that person is also the emergency response information provider (ERI provider). The name of the person, or contract number or other unique identifier assigned by an ERI provider, identified with the emergency response telephone number must be entered on the shipping paper immediately before, after, above, or below the emergency response telephone number unless the name is entered elsewhere on the shipping paper in a prominent, readily identifiable, and clearly visible manner that allows the information to be easily and quickly found; or
(2) The number of an agency or organization capable of, and accepting responsibility for, providing the detailed information required by paragraph (a)(2) of this section. The person who is registered with the ERI provider must ensure that the agency or organization has received current information on the material before it is offered for transportation. The person who is registered with the ERI provider must be identified by name, or contract number or other unique identifier assigned by the ERI provider, on the shipping paper immediately before, after, above, or below the emergency response telephone number in a prominent, readily identifiable, and clearly visible manner that allows the information to be easily and quickly found, unless the name or identifier is entered elsewhere in a prominent manner as provided in paragraph (b)(1) of this section.
(c) A person preparing shipping papers for continued transportation in commerce must include the information required by this section. If the person preparing shipping papers for continued transportation in commerce elects to assume responsibility for providing the emergency response telephone number required by this section, the person must ensure that all the requirements of this section are met.
(d) The requirements of this section do not apply to—
(1) Hazardous materials that are offered for transportation under the provisions applicable to limited quantities or excepted quantities; or
(2) Materials properly described under the following shipping names:
(i) Battery powered equipment.
(ii) Battery powered vehicle.
(iii) Carbon dioxide, solid.
(iv) Castor bean.
(v) Castor flake.
(vi) Castor meal.
(vii) Castor pomace.
(viii) Consumer commodity.
(ix) Dry ice.
(x) Engine, fuel cell, flammable gas powered.
(xi) Engine, fuel cell, flammable liquid powered.
(xii) Engine, internal combustion.
(xiii) Engine, internal combustion, flammable gas powered.
(xiv) Engine, internal combustion, flammable liquid powered.
(xv) Fish meal, stabilized.
(xvi) Fish scrap, stabilized.
(xvii) Krill Meal, PG III.
(xviii) Machinery, internal combustion.
(xix) Machinery, fuel cell, flammable gas powered.
(xx) Machinery, fuel cell, flammable liquid powered.
(xxi) Machinery, internal combustion, flammable gas powered.
(xxii) Machinery, internal combustion, flammable liquid powered.
(xxiii) Refrigerating machine.
(xxiv) Vehicle, flammable gas powered.
(xxv) Vehicle, flammable liquid powered.
(xxvi) Wheelchair, electric.
(3) Transportation vehicles or freight containers containing lading that has been fumigated and displaying the FUMIGANT marking (see § 172.302(g)) as required by § 173.9 of this subchapter, unless other hazardous materials are present in the cargo transport unit.
§ 172.606   Carrier information contact.
(a) Each carrier who transports or accepts for transportation a hazardous material for which a shipping paper is required shall instruct the operator of a motor vehicle, train, aircraft, or vessel to contact the carrier (e.g., by telephone or mobile radio) in the event of an incident involving the hazardous material.
(b) For transportation by highway, if a transport vehicle, (e.g., a semi-trailer or freight container-on-chassis) contains hazardous material for which a shipping paper is required and the vehicle is separated from its motive power and parked at a location other than a facility operated by the consignor or consignee or a facility (e.g., a carrier's terminal or a marine terminal) subject to the provisions of § 172.602(c)(2), the carrier shall—
(1) Mark the transport vehicle with the telephone number of the motor carrier on the front exterior near the brake hose and electrical connections or on a label, tag, or sign attached to the vehicle at the brake hose or electrical connection; or
(2) Have the shipping paper and emergency response information readily available on the transport vehicle.
(c) The requirements specified in paragraph (b) of this section do not apply to an unattended motor vehicle separated from its motive power when the motor vehicle is marked on an orange panel, a placard, or a plain white square-on-point configuration with the identification number of each hazardous material loaded therein, and the marking or placard is visible on the outside of the motor vehicle.
§ 172.700   Purpose and scope.
(a) Purpose. This subpart prescribes requirements for training hazmat employees.
(b) Scope. Training as used in this subpart means a systematic program that ensures a hazmat employee has familiarity with the general provisions of this subchapter, is able to recognize and identify hazardous materials, has knowledge of specific requirements of this subchapter applicable to functions performed by the employee, and has knowledge of emergency response information, self-protection measures and accident prevention methods and procedures (see § 172.704).
(c) Modal-specific training requirements. Additional training requirements for the individual modes of transportation are prescribed in parts 174, 175, 176, and 177 of this subchapter.
§ 172.701   Federal-State relationship.
This subpart and the parts referenced in § 172.700(c) prescribe minimum training requirements for the transportation of hazardous materials. For motor vehicle drivers, however, a State may impose more stringent training requirements only if those requirements—
(a) Do not conflict with the training requirements in this subpart and in part 177 of this subchapter; and
(b) Apply only to drivers domiciled in that State.
§ 172.702   Applicability and responsibility for training and testing.
(a) A hazmat employer shall ensure that each of its hazmat employees is trained in accordance with the requirements prescribed in this subpart.
(b) Except as provided in § 172.704(c)(1), a hazmat employee who performs any function subject to the requirements of this subchapter may not perform that function unless instructed in the requirements of this subchapter that apply to that function. It is the duty of each hazmat employer to comply with the applicable requirements of this subchapter and to thoroughly instruct each hazmat employee in relation thereto.
(c) Training may be provided by the hazmat employer or other public or private sources.
(d) A hazmat employer shall ensure that each of its hazmat employees is tested by appropriate means on the training subjects covered in § 172.704.
§ 172.704   Training requirements.
(a) Hazmat employee training must include the following:
(1) General awareness/familiarization training. Each hazmat employee shall be provided general awareness/familiarization training designed to provide familiarity with the requirements of this subchapter, and to enable the employee to recognize and identify hazardous materials consistent with the hazard communication standards of this subchapter.
(2) Function-specific training. (i) Each hazmat employee must be provided function-specific training concerning requirements of this subchapter, or exemptions or special permits issued under subchapter A of this chapter, that are specifically applicable to the functions the employee performs.
(ii) As an alternative to function-specific training on the requirements of this subchapter, training relating to the requirements of the ICAO Technical Instructions and the IMDG Code may be provided to the extent such training addresses functions authorized by subpart C of part 171 of this subchapter.
(3) Safety training. Each hazmat employee shall receive safety training concerning—
(i) Emergency response information required by subpart G of part 172;
(ii) Measures to protect the employee from the hazards associated with hazardous materials to which they may be exposed in the work place, including specific measures the hazmat employer has implemented to protect employees from exposure; and
(iii) Methods and procedures for avoiding accidents, such as the proper procedures for handling packages containing hazardous materials.
(4) Security awareness training. Each hazmat employee must receive training that provides an awareness of security risks associated with hazardous materials transportation and methods designed to enhance transportation security. This training must also include a component covering how to recognize and respond to possible security threats. New hazmat employees must receive the security awareness training required by this paragraph within 90 days after employment.
(5) In-depth security training. Each hazmat employee of a person required to have a security plan in accordance with subpart I of this part who handles hazardous materials covered by the plan, performs a regulated function related to the hazardous materials covered by the plan, or is responsible for implementing the plan must be trained concerning the security plan and its implementation. Security training must include company security objectives, organizational security structure, specific security procedures, specific security duties and responsibilities for each employee, and specific actions to be taken by each employee in the event of a security breach.
(b) OSHA, EPA, and other training. Training conducted by employers to comply with the hazard communication programs required by the Occupational Safety and Health Administration of the Department of Labor (29 CFR 1910.120 or 1910.1200) or the Environmental Protection Agency (40 CFR 311.1), or training conducted by employers to comply with security training programs required by other Federal or international agencies, may be used to satisfy the training requirements in paragraph (a) of this section to the extent that such training addresses the training components specified in paragraph (a) of this section.
(c) Initial and recurrent training —(1) Initial training. A new hazmat employee, or a hazmat employee who changes job functions may perform those functions prior to the completion of training provided—
(i) The employee performs those functions under the direct supervision of a properly trained and knowledgeable hazmat employee; and
(ii) The training is completed within 90 days after employment or a change in job function.
(2) Recurrent training. A hazmat employee must receive the training required by this subpart at least once every three years. For in-depth security training required under paragraph (a)(5) of this section, a hazmat employee must be trained at least once every three years or, if the security plan for which training is required is revised during the three-year recurrent training cycle, within 90 days of implementation of the revised plan.
(3) Relevant Training. Relevant training received from a previous employer or other source may be used to satisfy the requirements of this subpart provided a current record of training is obtained from hazmat employees' previous employer.
(4) Compliance. Each hazmat employer is responsible for compliance with the requirements of this subchapter regardless of whether the training required by this subpart has been completed.
(d) Recordkeeping. Each hazmat employer must create and retain a record of current training of each hazmat employee, inclusive of the preceding three years, in accordance with this section for as long as that employee is employed by that employer as a hazmat employee and for 90 days thereafter. A hazmat employer must make a hazmat employee's record of current training available upon request, at a reasonable time and location, to an authorized official of the Department of Transportation or of an entity explicitly granted authority to enforce the HMR. The record must include:
(1) The hazmat employee's name;
(2) The most recent training completion date of the hazmat employee's training;
(3) A description, copy, or the location of the training materials used to meet the requirements in paragraph (a) of this section;
(4) The name and address of the person providing the training; and
(5) Certification that the hazmat employee has been trained and tested, as required by this subpart.
(e) Limitations. The following limitations apply:
(1) A hazmat employee who repairs, modifies, reconditions, or tests packagings, as qualified for use in the transportation of hazardous materials, and who does not perform any other function subject to the requirements of this subchapter, is not subject to the training requirement of paragraph (a)(3) of this section.
(2) A railroad maintenance-of-way employee or railroad signalman, who does not perform any function subject to the requirements of this subchapter, is not subject to the training requirements of paragraphs (a)(2), (a)(4), or (a)(5) of this section.
§ 172.800   Purpose and applicability.
(a) Purpose. This subpart prescribes requirements for development and implementation of plans to address security risks related to the transportation of hazardous materials in commerce.
(b) Applicability. Each person who offers for transportation in commerce or transports in commerce one or more of the following hazardous materials must develop and adhere to a transportation security plan for hazardous materials that conforms to the requirements of this subpart. As used in this section, “large bulk quantity” refers to a quantity greater than 3,000 kg (6,614 pounds) for solids or 3,000 liters (792 gallons) for liquids and gases in a single packaging such as a cargo tank motor vehicle, portable tank, tank car, or other bulk container.
(1) Any quantity of a Division 1.1, 1.2, or 1.3 material.
(2) A quantity of a Division 1.4, 1.5, or 1.6 material requiring placarding in accordance with subpart F of this part.
(3) A large bulk quantity of Division 2.1 material.
(4) A large bulk quantity of Division 2.2 material with a subsidiary hazard of 5.1.
(5) Any quantity of a material poisonous by inhalation, as defined in § 171.8 of this subchapter.
(6) A large bulk quantity of a Class 3 material meeting the criteria for Packing Group I or II.
(7) A quantity of desensitized explosives meeting the definition of Division 4.1 or Class 3 material requiring placarding in accordance with subpart F of this part.
(8) A large bulk quantity of a Division 4.2 material meeting the criteria for Packing Group I or II.
(9) A quantity of a Division 4.3 material requiring placarding in accordance with subpart F of this part.
(10) A large bulk quantity of a Division 5.1 material in Packing Groups I and II; perchlorates; or ammonium nitrate, ammonium nitrate fertilizers, or ammonium nitrate emulsions, suspensions, or gels.
(11) Any quantity of organic peroxide, Type B, liquid or solid, temperature controlled.
(12) A large bulk quantity of Division 6.1 material (for a material poisonous by inhalation see paragraph (5) above).
(13) A select agent or toxin regulated by the Centers for Disease Control and Prevention under 42 CFR part 73 or the U.S. Department of Agriculture under 9 CFR part 121.
(14) A quantity of uranium hexafluoride requiring placarding under § 172.505(b).
(15) International Atomic Energy Agency Code of Conduct (IBR, see § 171.7) Category 1 and 2 materials, Nuclear Regulatory Commission, Category 1 and Category 2 radioactive materials as listed in Table 1, appendix A to 10 CFR part 37, and Highway Route Controlled quantities as defined in 49 CFR 173.403.
(16) A large bulk quantity of Class 8 material meeting the criteria for Packing Group I.
(c) Exceptions. Transportation activities of a farmer, who generates less than $500,000 annually in gross receipts from the sale of agricultural commodities or products, are not subject to this subpart if such activities are:
(1) Conducted by highway or rail;
(2) In direct support of their farming operations; and
(3) Conducted within a 150-mile radius of those operations.
§ 172.802   Components of a security plan.
(a) The security plan must include an assessment of transportation security risks for shipments of the hazardous materials listed in § 172.800, including site-specific or location-specific risks associated with facilities at which the hazardous materials listed in § 172.800 are prepared for transportation, stored, or unloaded incidental to movement, and appropriate measures to address the assessed risks. Specific measures put into place by the plan may vary commensurate with the level of threat at a particular time. At a minimum, a security plan must include the following elements:
(1) Personnel security. Measures to confirm information provided by job applicants hired for positions that involve access to and handling of the hazardous materials covered by the security plan. Such confirmation system must be consistent with applicable Federal and State laws and requirements concerning employment practices and individual privacy.
(2) Unauthorized access. Measures to address the assessed risk that unauthorized persons may gain access to the hazardous materials covered by the security plan or transport conveyances being prepared for transportation of the hazardous materials covered by the security plan.
(3) En route security. Measures to address the assessed security risks of shipments of hazardous materials covered by the security plan en route from origin to destination, including shipments stored incidental to movement.
(b) The security plan must also include the following:
(1) Identification by job title of the senior management official responsible for overall development and implementation of the security plan;
(2) Security duties for each position or department that is responsible for implementing the plan or a portion of the plan and the process of notifying employees when specific elements of the security plan must be implemented; and
(3) A plan for training hazmat employees in accordance with § 172.704 (a)(4) and (a)(5) of this part.
(c) The security plan, including the transportation security risk assessment developed in accordance with paragraph (a) of this section, must be in writing and must be retained for as long as it remains in effect. The security plan must be reviewed at least annually and revised and/or updated as necessary to reflect changing circumstances. The most recent version of the security plan, or portions thereof, must be available to the employees who are responsible for implementing it, consistent with personnel security clearance or background investigation restrictions and a demonstrated need to know. When the security plan is updated or revised, all employees responsible for implementing it must be notified and all copies of the plan must be maintained as of the date of the most recent revision.
(d) Each person required to develop and implement a security plan in accordance with this subpart must maintain a copy of the security plan (or an electronic file thereof) that is accessible at, or through, its principal place of business and must make the security plan available upon request, at a reasonable time and location, to an authorized official of the Department of Transportation or the Department of Homeland Security.
§ 172.804   Relationship to other Federal requirements.
To avoid unnecessary duplication of security requirements, security plans that conform to regulations, standards, protocols, or guidelines issued by other Federal agencies, international organizations, or industry organizations may be used to satisfy the requirements in this subpart, provided such security plans address the requirements specified in this subpart.
§ 172.820   Additional planning requirements for transportation by rail.
(a) General. Each rail carrier transporting in commerce one or more of the following materials is subject to the additional safety and security planning requirements of this section:
(1) More than 2,268 kg (5,000 lbs.) in a single carload of a Division 1.1, 1.2 or 1.3 explosive;
(2) A quantity of a material poisonous by inhalation in a single bulk packaging;
(3) A highway route-controlled quantity of a Class 7 (radioactive) material, as defined in § 173.403 of this subchapter;
(4) A high-hazard flammable train (HHFT) as defined in § 171.8 of this subchapter; or
(5) A quantity of UN1972 (Methane, refrigerated liquid or Natural gas, refrigerated liquid) when transported in a rail tank car.
(b) Not later than 90 days after the end of each calendar year, a rail carrier must compile commodity data for the previous calendar year for the materials listed in paragraph (a) of this section. The following stipulations apply to data collected:
(1) Commodity data must be collected by route, a line segment or series of line segments as aggregated by the rail carrier. Within the rail carrier selected route, the commodity data must identify the geographic location of the route and the total number of shipments by UN identification number for the materials specified in paragraph (a) of this section.
(i) A rail carrier subject to additional planning requirements of this section based on paragraph (a)(5) of this section that has yet to transport UN 1972, must factor in planned shipments of UN 1972 to the commodity data for use in the paragraph (c) route analysis prior to initial transport of the material.
(ii) [Reserved]
(2) A carrier may compile commodity data, by UN number, for all Class 7 materials transported (instead of only highway route controlled quantities of Class 7 materials) and for all Division 6.1 materials transported (instead of only Division 6.1 poison inhalation hazard materials).
(c) Rail transportation route analysis. For each calendar year, a rail carrier must analyze the safety and security risks for the transportation route(s), identified in the commodity data collected as required by paragraph (b) of this section. The route analysis must be in writing and include the factors contained in appendix D to this part, as applicable.
(1) The safety and security risks present must be analyzed for the route and railroad facilities along the route. For purposes of this section, railroad facilities are railroad property including, but not limited to, classification and switching yards, storage facilities, and non-private sidings. This term does not include an offeror's facility, private track, private siding, or consignee's facility.
(2) In performing the analysis required by this paragraph, the rail carrier must seek relevant information from state, local, and tribal officials, as appropriate, regarding security risks to high-consequence targets along or in proximity to the route(s) utilized. If a rail carrier is unable to acquire relevant information from state, local, or tribal officials, then it must document that in its analysis. For purposes of this section, a high-consequence target means a property, natural resource, location, area, or other target designated by the Secretary of Homeland Security that is a viable terrorist target of national significance, the attack of which by railroad could result in catastrophic loss of life, significant damage to national security or defense capabilities, or national economic harm.
(d) Alternative route analysis. (1) For each calendar year, a rail carrier must identify practicable alternative routes over which it has authority to operate, if an alternative exists, as an alternative route for each of the transportation routes analyzed in accordance with paragraph (c) of this section. The carrier must perform a safety and security risk assessment of the alternative routes for comparison to the route analysis prescribed in paragraph (c) of this section. The alternative route analysis must be in writing and include the criteria in appendix D of this part. When determining practicable alternative routes, the rail carrier must consider the use of interchange agreements with other rail carriers. The written alternative route analysis must also consider:
(i) Safety and security risks presented by use of the alternative route(s);
(ii) Comparison of the safety and security risks of the alternative(s) to the primary rail transportation route, including the risk of a catastrophic release from a shipment traveling along each route;
(iii) Any remediation or mitigation measures implemented on the primary or alternative route(s); and
(iv) Potential economic effects of using the alternative route(s), including but not limited to the economics of the commodity, route, and customer relationship.
(2) In performing the analysis required by this paragraph, the rail carrier should seek relevant information from state, local, and tribal officials, as appropriate, regarding security risks to high-consequence targets along or in proximity to the alternative routes. If a rail carrier determines that it is not appropriate to seek such relevant information, then it must explain its reasoning for that determination in its analysis.
(e) Route Selection. A carrier must use the analysis performed as required by paragraphs (c) and (d) of this section to select the route to be used in moving the materials covered by paragraph (a) of this section. The carrier must consider any remediation measures implemented on a route. Using this process, the carrier must at least annually review and select the practicable route posing the least overall safety and security risk. The rail carrier must retain in writing all route review and selection decision documentation and restrict the distribution, disclosure, and availability of information contained in the route analysis to covered persons with a need-to-know, as described in parts 15 and 1520 of this title. This documentation should include, but is not limited to, comparative analyses, charts, graphics or rail system maps.
(f) Completion of route analysis. (1) The rail transportation route analysis, alternative route analysis, and route selection process required under paragraphs (c), (d), and (e) of this section must be completed no later than the end of the calendar year following the year to which the analyses apply.
(2) The initial analysis and route selection determinations required under paragraphs (c), (d), and (e) of this section must include a comprehensive review of the entire system. Subsequent analyses and route selection determinations required under paragraphs (c), (d), and (e) of this section must include a comprehensive, system-wide review of all operational changes, infrastructure modifications, traffic adjustments, changes in the nature of high-consequence targets located along, or in proximity to, the route, and any other changes affecting the safety or security of the movements of the materials specified in paragraph (a) of this section that were implemented during the calendar year.
(3) A rail carrier need not perform a rail transportation route analysis, alternative route analysis, or route selection process for any hazardous material other than the materials specified in paragraph (a) of this section.
(g) Rail carrier point of contact on routing issues. Each rail carrier must identify a point of contact (including the name, title, phone number and e-mail address) on routing issues involving the movement of materials covered by this section in its security plan and provide this information to:
(1) State and/or regional Fusion Centers that have been established to coordinate with state, local and tribal officials on security issues and which are located within the area encompassed by the rail carrier's rail system; and
(2) State, local, and tribal officials in jurisdictions that may be affected by a rail carrier's routing decisions and who directly contact the railroad to discuss routing decisions.
(h) Storage, delays in transit, and notification. With respect to the materials specified in paragraph (a) of this section, each rail carrier must ensure the safety and security plan it develops and implements under this subpart includes all of the following:
(1) A procedure under which the rail carrier must consult with offerors and consignees in order to develop measures for minimizing, to the extent practicable, the duration of any storage of the material incidental to movement (see § 171.8 of this subchapter).
(2) Measures to prevent unauthorized access to the materials during storage or delays in transit.
(3) Measures to mitigate risk to population centers associated with in-transit storage.
(4) Measures to be taken in the event of an escalating threat level for materials stored in transit.
(5) Procedures for notifying the consignee in the event of a significant delay during transportation; such notification must be completed within 48 hours after the carrier has identified the delay and must include a revised delivery schedule. A significant delay is one that compromises the safety or security of the hazardous material or delays the shipment beyond its normal expected or planned shipping time. Notification should be made by a method acceptable to both the rail carrier and consignee.
(i) Recordkeeping. (1) Each rail carrier must maintain a copy of the information specified in paragraphs (b), (c), (d), (e), and (f) of this section (or an electronic image thereof) that is accessible at, or through, its principal place of business and must make the record available upon request, at a reasonable time and location, to an authorized official of the Department of Transportation or the Department of Homeland Security. Records must be retained for a minimum of two years.
(2) Each rail carrier must restrict the distribution, disclosure, and availability of information collected or developed in accordance with paragraphs (c), (d), (e), and (f) of this section to covered persons with a need-to-know, as described in parts 15 and 1520 of this title.
(j) Compliance and enforcement. If the carrier's route selection documentation and underlying analyses are found to be deficient, the carrier may be required to revise the analyses or make changes in route selection. If DOT finds that a chosen route is not the safest and most secure practicable route available, the FRA Associate Administrator for Safety, in consultation with TSA, may require the use of an alternative route. Prior to making such a determination, FRA and TSA will consult with the Surface Transportation Board (STB) regarding whether the contemplated alternative route(s) would be economically practicable.
§ 172.822   Limitation on actions by states, local governments, and Indian tribes.
A law, order, or other directive of a state, political subdivision of a state, or an Indian tribe that designates, limits, or prohibits the use of a rail line (other than a rail line owned by a state, political subdivision of a state, or an Indian tribe) for the transportation of hazardous materials, including, but not limited to, the materials specified in § 172.820(a), is preempted. 49 U.S.C. 5125, 20106.